Since 1982.

Divorce

Simply put, divorce is the legal process of dissolving a marriage between two people. A divorce can encompass many of the practice areas involved in family law- including asset and debt division, child custody, parenting time, and spousal and child support. For that reason, it’s imperative that a divorce be handled professionally. We understand that meeting with a divorce attorney for the first time can be an overwhelming first step but we're here to walk you through the process - and we take that job very seriously. That said there are a number of key things you should consider before you take that step.

Guiding families through the divorce process for over 30 years.

Divorce attorneys in Oregon & Washington

Depending on where you are seeking to divorce, it is important to consult a family law attorney who can help you understand the differences between the statutes of these two states. When it comes to divorce, Oregon and Washington are both “no-fault divorce” states, meaning the spouses can end their marriage simply because it isn’t working out the way they’d planned. Additionally, Oregon is an “equitable distribution” state, meaning that in a divorce, the court will allocate, but not necessarily evenly allocate, property between the two spouses in an equitable and fair manner. This can lead to complexities based on the unique set of circumstances of each case. Washington uses community property principles to divide property and debts in the divorce process. Additionally, in both states, there are residence requirements that must be met and other factors that may affect how documents are prepared and presented to the court. Our experienced divorce attorneys can help you through it.

Our Team Approach

Once the documentation has been filed with the court, there are deadlines for response times and for the parties to exchange relevant discovery. Sometimes experts are engaged to value assets such as retirement accounts or businesses. Other experts include custody and parenting time evaluators, tax advisors or CPAs, as well as financial or estate advisors. Spouses can either negotiate the issues between themselves, through collaborative law, or engage attorneys or mediators to help them. Gevurtz Menashe’s experienced divorce attorneys in Portland and Vancouver can help move the process along, but there are many things to consider, such as:

Child Custody: Although “custody” is the word people think of primarily when talking about issues concerning children, Washington does not use this terminology. Generally speaking, “joint decision making” is the standard term for parents who are divorcing with children in Washington—determining who will make non-emergency medical, educational, religious and other decisions for the children. The residential schedule or parenting plan is the document which outlines where the child will be living when and with which parent. These terms are different in Oregon so it is important to discuss their significance with a lawyer licensed in the state where you live. Although divorce and child custody issues can be stressful and difficult for parents, it is important to maintain focus on what is in the best interests of the children and generally that includes contact and a continued, meaningful relationship with both parents.

Child Support: Along with determining an appropriate residential schedule/parenting plan for the children, the court will determine child support. Child support in Washington is based upon the Washington Child Support Guidelines which ascertains an amount based on the ages of the children and net incomes of the parents. There are deviations that may be ordered based on circumstances. Oregon is similar but has different guidelines to follow.

Alimony /Spousal Support: Depending on the circumstances of each party, it may be ordered that one spouse pay alimony or spousal support in order to provide for their former husband or wife. Spousal support or alimony payments are generally ordered when the separated spouse needs to pursue education or training programs to maintain their standard of living or when there is a disparity in earning capacity between the spouses. Both Oregon and Washington have spousal support statutes.

Property Distribution: While married, spouses accumulate important belongings and possessions, which must be divided when a marriage ends. Similarly, it is common for debts to be acquired as well. Community property principles presume that all property and debt acquired during the marriage should be equally divided between the parties. Although there are exceptions to this premise, and circumstances can alter this presumption, the court will generally do its best to equally divide the property and debts between the parties.

Estate Planning: During and after a divorce, your assets and family structure change. During the divorce process, Gevurtz Menashe’s estate planning attorneys work right alongside our family law attorneys to ensure your estate plan reflects your current wishes and situation. As part of that process, they help ensure that, both during and after your divorce, a person you trust will be able to manage your finances and make medical decisions—by updating or creating an Advance Directive and Powers of Attorney—on your behalf if you lose capacity or pass away.

Collaborative Law and Alternative Dispute Resolution: Collaborative law is a relatively new approach of alternative dispute resolution in which the attorneys and the parties work collaboratively to achieve an outcome that is fair and acceptable to both parties. Collaboration is not for all cases, but several of our attorneys are qualified to act as collaborative attorneys for those clients who want to explore it as an option. Many of our Oregon and Washington attorneys are qualified in collaborative law and mediation to help parties, whether represented or not, achieve an appropriate resolution to their divorce case. Click here to learn more about Collaborative Law, and other alternative dispute resolutions, or give us a call anytime.

CONTACT GEVURTZ MENASHE FOR DIVORCE HELP YOU CAN TRUST

We understand hiring a divorce lawyer can be an overwhelming process. The first step is to schedule an initial consult. The purpose for this meeting is to know where you stand with regard to your legal matter, and what your options are so you can make the best possible decision to move forward. Gevurtz Menashe offers divorce lawyers for cases both large and small, for men and women, locally or internationally, with our without children. If you are interested in speaking with a divorce attorney in Oregon or Washington, please call our Portland office at 503-227-1515, Vancouver at 360-823-0410, or schedule a consultation online.

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